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A. INDEPENDENT CONTRACTOR
<br />Siemens shall, during the entire term of this Agreement, be construed to be an independent
<br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
<br />create an einployer- employee relationship, a joint venture relationship, or to allow the City to exercise
<br />discretion or control over the professional manner in which Siemens performs the services which are the
<br />subject matter of this Agreement; however, the services to be provided by Siemens shall be provided in a,
<br />manner consistent with all applicable standards and regulations governing such services. Siemens shall
<br />pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes
<br />relating to employees and shall be responsible for all applicable withholding taxes.
<br />5. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Siemens shall maintain and shall
<br />require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Siemens shall maintain commercial general liability
<br />insurance naming the City, its officers, employees, agents, volunteers and representatives as additional
<br />insureds) and shall include, but not be limited to protection against claims arising from bodily and
<br />personal injury, including death resulting therefrom and damage to property, resulting from any act or
<br />occurrence arising out of Siemens's operations in the performance of this Agreement, including, without
<br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single
<br />limit coverage applying to bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1,000,000 per occurreuce.
<br />b, Business automobile liability insurance, or equivalent form, with a combined single limit of
<br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
<br />non -owned automobiles.
<br />c, Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the
<br />Labor Code, Siemens, if Siemens has any employees, is required to be. insured against liability for
<br />worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work
<br />under this Agreement, Siemens agrees to obtain and maintain any employer's liability insurance with
<br />limits not less than $1,000,000 per accident,
<br />d. The following requirements apply to the insurance to be provided by Siemens pursuant to
<br />this section:
<br />(i) Siemens shall supply City with a fully executed additional insured endorsement for
<br />commercial general liability and automobile coverages which a) names the City of Santa
<br />Ana, its officers, employees, agents and volunteers as additional insured, b) provides that
<br />Siemens insurance coverage shall be primary and that any other insurance, or self
<br />insurance maintained by the City, its officers, employees, agents and volunteers shall be
<br />excess of Siemen's insurance and shall not contribute with it.
<br />(ii) Siemens agrees to waive subrogation which any of its insurers may acquire from Siemens
<br />by virtue of payment of any loss. Siemens agrees to obtain any endorsement that maybe
<br />necessary to effect this waiver of subrogation.
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